July 10, 2014

 

                                  Rockville Centre, New York

 

The Board of Trustees held a Public Briefing Session at 6:00 p.m. on the above date in the Mayor’s Office.

 

PRESENT: Mayor Francis X. Murray, Edward J. Oppenheimer, Michael Sepe and Emilio F. Grillo

 

ABSENT: Trustee Nancy Howard

 

ALSO PRESENT: Village Administrator Keith Spadaro, Deputy Village Administrator Finance/ Comptroller Michael Schussheim, Village Attorney A. Thomas Levin, Deputy Village Administrator Strategic Planning Kathleen Murray, Police Commissioner Charles A. Gennario, Superintendent of Buildings Daniel Casella, Superintendent of Electric Philip Andreas, Director of Senior Services Chris O’Leary, Deputy Director of Senior Services Wendy Weinstock, Superintendent of Recreation Anthony Brunetta, Information Technology Director John Peters, Deputy Clerk/Treasurer Mary Schmeling, Director of Emergency Management Gary Kondor, Public Relations Counsel Julie Grilli and Ed Grilli, Secretary to the Board of Trustees Gwynne Feiner

 

ATTENDANCE: Approximately 5 people

 

On motion of Trustee Oppenheimer, duly seconded by Trustee Grillo and carried by a vote of four to none, the Board approved the attendance of Charles A. Gennario, Police Commissioner at the New York State Association of Chiefs of Police 2014 Annual Training Conference in Lake Placid, NY from 7-13-14 through 7-17-14 at a cost of $350.00-.

 

Village Administrator Spadaro advised that properly advertised Bid No. 1405W1(772) Maple Avenue Improvements Phase 2 – Streetscape Plans had been opened on May 28, 2014 with the following results:

 

Vendor

Main Bid

ROAD WORK AHEAD

$2,633,587.75

J. ANTHONY ENTERPRISES

$2,881,580.85

TRISTATE PAVING

$2,949,727.40

PRATT BROTHERS

$2,954,321.00

A.I.I. ALLEN INDUSTRIES

$2,966,067.50

BOVE INDUSTRIES, INC.

$3,095,000.00

 

The following company did not respond:  Rosemar Contracting, Landtek, Nel Safety Professional, Hinck Electrical Contractor, Inc., Laser Industries, Inc. and Valentine Contracting Corp.

 

On motion of Trustee Oppenheimer, duly seconded by Trustee Grillo and carried by a vote of four to none, the Board awarded the bid to the lowest responsible bidder substantially meeting all required specifications, namely Roadwork Ahead, Inc., for a total expenditure not to exceed $2,633,587.75.

 

The Board reviewed the remainder of the agenda without taking any further action.

 

On motion of Trustee Grillo, duly seconded by Trustee Sepe and carried by a vote of four to none, the Board voted to convene in Executive Session at 6:41 p.m. to obtain legal advice.

    

                                  July 10, 2014

 

                                  Rockville Centre, New York

 

PRESENT: Mayor Francis X. Murray, Trustee Edward J. Oppenheimer, Michael Sepe, Emilio F. Grillo

 

ABSENT:   Trustee Nancy Howard

 

ALSO PRESENT: Village Administrator Keith Spadaro, Deputy Village Administrator Finance/ Comptroller Michael Schussheim, Village Attorney A. Thomas Levin, Superintendent of Buildings Daniel Casella (left at 7:00)

 

On motion of Trustee Oppenheimer, duly seconded by Trustee Grillo and carried by a vote of four to none, the Board voted to return to Public Briefing at 6:55 p.m.

 

On motion of Trustee Grillo, duly seconded by Trustee Sepe and carried by a vote of four to none, the Board approved the July 7, 2014 report submitted by Building Superintendent Daniel Casella with respect to premises 141 Cedar Avenue, and authorized and directed the Building Superintendent to send a letter to the property owner(s) and other appropriate persons consistent with that report and Village Code Chapter 122 to direct the required remediation and to establish a date for completion of such remediation.

 

On motion of Trustee Sepe, duly seconded by Trustee Grillo and carried by a vote of four to none, the Board voted to authorize payment to Geico in settlement of a claim by Lenora Coscia as recommended by Claims Service Bureau.

 

On motion of Trustee Sepe, duly seconded by Trustee Grillo and carried by a vote of four to none, the Board voted to authorize settlement of a claim by Jeffrey Daitch as recommended by Counsel.

 

On motion of Trustee Oppenheimer, duly seconded by Trustee Sepe and carried by a vote of four to none, the Board voted to authorize settlement of a Worker’s Compensation claim by Mary Pettus as recommended by Claims Service Bureau.

 

On motion of Trustee Sepe, duly seconded by Trustee Oppenheimer and carried by a vote of four to none, the Board adjourned the meeting at 6:55p.m.

                                 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

                                  July 14, 2014

 

                                  Rockville Centre, New York

 

The Regular Meeting of the Board of Trustees was held on the above date in Village Hall. Mayor Murray opened the meeting at 7:00 p.m.

 

PRESENT: Mayor Francis X. Murray, Trustee Nancy Howard, Edward J. Oppenheimer, Michael Sepe, and Emilio F. Grillo

 

ALSO PRESENT: Village Administrator Keith Spadaro, Deputy Village Administrator Finance/ Comptroller Michael Schussheim, Deputy Village Administrator/Strategic Planning Kathleen Murray, Village Attorney A. Thomas Levin, Police Lieutenant Ken Schaefer, Superintendent of Buildings Dan Casella, Superintendent of Public Works Harry Weed, Superintendent of Electric Phil Andreas, Superintendent of Recreation Anthony Brunetta, Deputy Director of Senior Services Wendy Weinstock, Public Relations Counsel Julie Grilli, Secretary to Board Gwynne Feiner

 

ATTENDANCE: Approximately 41 people

 

Mayor Murray asked Trustee Grillo to lead the Pledge of Allegiance.

 

Mayor Murray introduced Jeff Blasko of the RVC Chamber of Commerce.  Mr. Blasko discussed the success of the Chamber’s first Eat. Shop. Rock. Event held on June 7, 2014.  

 

Trustee Howard introduced dancers from Miss Colleen’s Elite Dancentre.  Trustee Howard presented the owner and dancers with congratulations certificates for their success at the National Dance Competition.

 

Mayor Murray introduced Kathleen Murray, Deputy Village Administrator for Planning and Strategic Initiatives.  Deputy Administrator Murray discussed the timetable for the Maple Ave. roadwork scheduled to begin in August.

 

Village Administrator Spadaro discussed the recent articles regarding Bonefish Grill and the pending litigation.  Mr. Spadaro also discussed the recent late night muggings in the Village and the Police Department’s response.

 

Village Administrator Spadaro introduced Philip Andreas the new Superintendent of Electric.  Mr. Andreas started with the Village on July 7, 2014.

 

The Mayor appointed Rachel Paras as Alternate to the Zoning Board of Appeals, to serve as the need arises.  On motion of Trustee Sepe, duly seconded by Trustee Oppenheimer and unanimously carried, the Board voted to appoint Rachel Paras as Alternate to the Zoning Board of Appeals. 

 

Village Administrator Spadaro opened a Public Hearing regarding Proposed Bill RVC 1408 a local law to amend the Code of the Village of Rockville Centre, in relation to liability for failure to maintain or repair sidewalks.

 

 

 

                                  July 14, 2014

 

                                  Rockville Centre, New York

 

After hearing all interested persons, on motion of Trustee Howard, duly seconded by Trustee Grillo and unanimously carried, the Board voted to close the hearing on Proposed Bill RVC 1408.

 

On motion of Trustee Howard, duly seconded by Trustee Oppenheimer and unanimously carried, the Board voted to adopt the proposed legislation as Local Law 7-2014.  A copy of the Local Law is attached to these minutes.

 

On motion of Trustee Howard, duly seconded by Trustee Grillo and carried by a vote of three to none, the Board voted to approve the 2013 Fire Service Awards Program for 186 Volunteer Firefighters.  Mayor Murray and Trustee Oppenheimer recused themselves.

 

On motion of Trustee Oppenheimer, duly seconded by Trustee Howard and unanimously carried, the Board voted to approve the Incorporated Village of Rockville Centre’s Data Disaster Recovery Plan.

 

On motion of Trustee Howard, duly seconded by Trustee Oppenheimer and unanimously carried, the Board voted to approve the Professional Services Contract with Duncan, Weinberg, Genzer and Pembroke for legal consulting with regard to Title V air permit at a cost not to exceed $300,000.00- for the time period June 1, 2014 through May 31, 2015.

 

On motion of Trustee Grillo, duly seconded by Trustee Howard and unanimously carried, the Board voted to approve the Professional Services Contract with Cascade Water Services for water treatment service at the power plant at an annual cost of $19,800.00- for a period of three years.

 

On motion of Trustee Oppenheimer, duly seconded by Trustee Howard and unanimously carried, the Board voted to approve the contract with the Economic Opportunity Commission to lease space at the Dr. Martin Luther King Community Center for the Head Start Program at an annual rent of $8,820.00- for a term to commence on August 1, 2014 and to end on July 31, 2018.

 

On motion of Trustee Howard, duly seconded by Trustee Oppenheimer and unanimously carried, the Board voted to approve the following Resolution to Adopt the Nassau County Multi-Jurisdictional Hazard Mitigation Plan.

 

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Resolution of the Board of Trustees

Incorporated Village of Rockville Centre

Board of Trustees Meeting July 14, 2014

 

WHEREAS, the Incorporated Village of Rockville Centre, has gathered information and participated in the preparation of the Nassau County Multi-Jurisdictional Hazard Mitigation Plan; and

 

WHEREAS, the Nassau County Multi-Jurisdictional Hazard Mitigation Plan has been prepared in accordance with the Disaster Mitigation Act of 2000; and

 

 

                                  July 14, 2014

 

                                  Rockville Centre, New York

 

WHEREAS, the Incorporated Village of Rockville Centre is a local unit of government that affords the citizens an opportunity to comment and provide input in the Plan and the actions in the Plan; and

 

WHEREAS, the Board of Trustees of the Incorporated Village of Rockville Centre has reviewed the Plan and affirms that the Plan will be updated no less than every five years;

 

NOW THEREFORE, BE IT RESOLVED by the Board of Trustees of the Incorporated Village of Rockville Centre the Village hereby adopts the Nassau County Multi-Jurisdictional Hazard Mitigation Plan as the Village’s Natural Hazard Mitigation Plan, and resolves to execute the actions in the Plan.

 

ADOPTED this 14th day of July, 2014 at the meeting of the Board of Trustees.

 

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On motion of Trustee Oppenheimer, duly seconded by Trustee Howard and unanimously carried, the Board voted to approve the following SEQRA Resolution for proposed improvements at Centennial Park (Lister Park).

 

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Whereas, the Village of Rockville Centre is proposing improvements at Centennial Park (Lister Park), to be funded through the NYS Environmental Protection Fund, the Nassau County Environmental Bond Fund and Village funds; and

 

Whereas, the Board of Trustees has reviewed a short Environmental Assessment Form prepared by Michael A. DeGiglio, RLA in relation to the proposed project;

 

NOW THEREFORE, IT IS

 

RESOLVED, that the Board of Trustees hereby finds and concludes that

(a)               the proposed project is an Unlisted action under the State Environmental Quality Review Act and its regulations;

(b)               the Board is the lead agency with respect to environmental review of this proposed action;

(c)                the Board has considered the following factors, and reached the following conclusions, in respect to its review of the environmental impacts of the proposed action:

(i)                 the proposed action would not result in any substantial adverse change in existing air quality, ground or surface water quality or quantity, traffic or noise levels, nor any substantial increase in solid waste production, nor create a substantial increase in the potential for erosion, flooding, leaching or drainage problems;

(ii)               the proposed action would not result in the removal or destruction of large quantities of vegetation or fauna, substantial interference with the movement of any resident or migratory fish or wildlife species, impacts on a significant habitat area, substantial adverse impacts on a threatened or endangered species of animal or plant, or the habitat of such a species, or other significant adverse impacts to natural resources;

(iii)             the proposed action would not impair the environmental characteristics of any Critical Environmental Area;

(iv)              the proposed action would not conflict with the community’s current plans or goals as official approved or adopted, and is consistent with such goals;

(v)                the proposed action would not impair the character or quality of important historical, archeological, architectural or aesthetic resources or of existing community or neighborhood character;

(vi)              the proposed action would not result in a major change in the use of either the quantity  or type of energy;

(vii)            the proposed action would not create a hazard to human health;

(viii)          the proposed action would not create a substantial change in the use, or intensity of use, of land, including agricultural, open space or recreational resources, or in its capacity to support existing uses;

(ix)              the proposed action would not encourage or attract large numbers of persons to any place for more than a few days, compared to the number who would come to such place without such action;

(x)                the proposed action would not create changes in two or more elements of the environment, no one of which would have a significant impact on the environment, but when taken considered together would result in a substantial adverse impact on the environment;

(xi)              the proposed action would not create substantial adverse impacts when considered cumulatively with any other actions, proposed or in process;

(xii)            the proposed action would not result in substantial adverse impact with respect to any relevant environmental consideration, including noise, aesthetics, traffic, air quality, water quality or adequacy of water supply, drainage, soil conditions, or quality of life in the community in general and the immediate neighborhood in particular;

(d)               the proposed action would not have a significant adverse environmental impact; and

(e)               no further environmental review is required with respect to the proposed action.

 

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On motion of Trustee Grillo, duly seconded by Trustee Oppenheimer and unanimously carried, the Board voted to approve the following SEQRA Resolution for the inter-municipal agreement for an improvement to existing fencing along North Village Avenue.

 

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     Whereas, the County of Nassau (“County”) has proposed an inter-municipal agreement for an improvement to existing fencing along North Village Avenue in the Village; and

 

Whereas, the Board of Trustees hereby finds and concludes that it would be in the interests of the Village to enter into such agreement, to the end that the existing fencing will be replaced utilizing funds to be provided by the County;

 

NOW THEREFORE, BE IT

 

RESOLVED, that the Board of Trustees of the Village of Rockville Centre, acting as lead agency pursuant to the State Environmental Quality Review Act, hereby finds and concludes that the proposed action consists of purchase of equipment and replacement of an existing facility in kind, and therefore is a Type II Action as described in 6 NYCRR Part 617.5(c)(1), (2) and (25), as to which no environmental review is required; and it is further

 

RESOLVED, that the Mayor or his designee is hereby authorized to execute on behalf of the Village an “Agreement Between the County of Nassau, New York, and the Village of Rockville Centre In Relation to Inter-municipal Cooperation”, in a form approved by the Village Attorney, for the purposes of purchasing and installing a fence along North Village Avenue in the Village.

 

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                                  July 14, 2014

 

                                  Rockville Centre, New York

 

On motion of Trustee Oppenheimer, duly seconded by Trustee Grillo and unanimously carried, the Board voted to approve the Inter-municipal agreement between Nassau County and the Village of Rockville Centre to purchase and install fence along North Village Ave.

 

On motion of Trustee Howard, duly seconded by Trustee Grillo and unanimously carried, the Board voted to approve the real estate tax reduction settlements as recommended by Cullen and Dykman, tax certiorari counsel.

 

On motion of Trustee Oppenheimer, duly seconded by Trustee Howard and unanimously carried, the Board voted to approve the following Resolution for Cameron Engineering to serve as the Street Inspector for the Maple Avenue Reconstruction Project.

 

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Resolution of the Board of Trustees

Incorporated Village of Rockville Centre

Board of Trustees Meeting July 17, 2014

 

WHEREAS, the Incorporated Village of Rockville Centre intends to renovate the surface of Maple Avenue in 2014; and

 

WHEREAS, the Village intends to accept grant funding for this project which is administered by the NYS Department of Transportation; and

 

WHEREAS, the NYS Department of Transportation requires all funding recipients to designate an Engineer in Charge and assign a full time street inspector; and

 

WHEREAS, the Incorporated Village of Rockville Centre has received a proposal from Cameron Engineering & Associates, LLP (“Cameron”) dated June 13, 2014 to provide such professional engineering and inspection services to the Village on an independent contractor basis; and

 

WHEREAS, the Village has previous satisfactory experience with Cameron for similar services, and recognizes that Cameron is experienced and qualified to provide the necessary engineering and inspection services such that the Board of Trustees deems it unnecessary to seek or solicit other proposals for such professional services:

 

NOW THEREFORE, BE IT RESOLVED:  That the Board of Trustees hereby accepts the foregoing June 13, 2014 proposal from Cameron for such professional engineering and inspection services, the Mayor or his designee to execute such agreement on behalf of the Village.

 

          *******************************************

 

On motion of Trustee Howard, duly seconded by Trustee Grillo and unanimously carried, the Board voted to approve the Professional Services Proposal with Greenman Pederson for a Traffic Impact Study Review for the proposed Avalon Bay Apartment Community at a cost not to exceed $10,000-.

                                  July 14, 2014

 

                                  Rockville Centre, New York

 

On motion of Trustee Oppenheimer, duly seconded by Trustee Howard and unanimously carried, the Board voted to approve the following minutes:

 

Briefing Session  ---------------  May 29, 2014

          Executive Session  -------------- May 29, 2014

          Board Meeting ------------------- June 2, 2014

         

Village Administrator Spadaro advised that properly advertised Bid No. 1405W1(771) Tank 1 Rehabilitation – Repair, Update and Paint Water Tank for the Village of Rockville Centre Water Department had been opened on May 29, 2014 with the following results:

 

Vendor

Bid Amount

Alpine Painting & Sandblasting Contractors

$2,567,600.00

Nuco Painting

$2,957,800.00

JPI Painting, Inc.

$3,987,000.00

 

The following companies did not respond:  Action Remediation Co. Inc. and Graystone Construction Management, LLC.

 

On motion of Trustee Oppenheimer, duly seconded by Trustee Howard and unanimously carried, the Board awarded the bid to the lowest responsible bidder substantially meeting all required specifications, namely Alpine Painting & Sandblasting Contractors, for a total expenditure not to exceed $2,567,600.00-.

 

Village Administrator Spadaro announced that the Fire Department had submitted a report regarding changes in department membership as of June 17, 2014.  There were no changes in Department Membership, total membership remained at 348 members.

 

On motion of Trustee Oppenheimer, duly seconded by Trustee Howard and unanimously carried, the Board voted to approve the Fire Department Membership Reports.

 

This concluded the business portion of the meeting.  For a verbatim record, and for the special comment period, please refer to the DVD.

 

On motion of Trustee Sepe, duly seconded by Trustee Howard and unanimously carried, the Board voted to adjourn the meeting at 8:40 p.m.

 

 

 

 

                                                                                           ___________________________

                                  Keith Spadaro

                                  Village Administrator

KS/gf

 

 

 

 

                                  July 14, 2014

 

                                  Rockville Centre, New York

RVC 1408

            A local law to amend the Code of the Village of Rockville Centre, in relation to liability for failure to maintain or repair sidewalks.

Section one.  The title of section 287-9 of the Code of the Village of Rockville Centre is hereby amended, to read as follows:

“§ 287-9.  Sidewalk maintenance; penalties for offenses; civil liability.”

 

            Section two.  Section 287-9(A) of the Code of the Village of Rockville Centre is hereby amended, to read as follows:

 

“A.  The owner, occupant, agent, lessee or tenant of any premises or lot shall be jointly and severally responsible for keeping the contiguous sidewalks and the section of land, if any, between said contiguous sidewalk and the street clean and free from garbage, refuse, rubbish, litter, filth or other offensive matter, weeds and other obstructions or encumbrances.  There shall be a rebuttable presumption that any person cited for a violation of this subsection shall have possessed knowledge of said violation and shall have failed to correct the same. “

 

            Section three.  Section 287-9 of the Code of the Village of Rockville Centre is hereby further amended, by adding thereto a new paragraph to be paragraph D, to read as follows:

 

D.  Civil liability.  The owner or occupant of lands, other than land used for a one family or two family dwelling, shall be liable for any injury or damage caused to any person or property by reason of such owner or occupant’s omission, failure or negligence to make, maintain or repair such sidewalk or section of land, or to remove snow, ice or other obstructions therefrom, or for a violation or nonobservance of the provisions of this Code relating to making, maintaining and repairing such sidewalks and sections of land and the removal of snow, ice and other obstructions therefrom.”

 

Section four.  If any clause, sentence, paragraph, or section of this local law shall be held invalid by any court of competent jurisdiction, or the application of this local law to any person or set of circumstances shall be held invalid, such invalidity or judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, section, or operation of this local law directly involved in the controversy in which the judgment shall have been rendered. 

 

Section five.  This law shall take effect immediately upon adoption and filing pursuant to the Municipal Home Rule Law.